EI INCUMBIT
PROBATIO QUI DICIT.Proof lies on him who asserts, not on him who denies. The concept is that
one is innocent until proven guilty. Regardless of what the law says about
reasonable doubt, there is an unwritten presumption within the ranks of
the military that if you are charged with sexual assault, then you are
guilty. The stakes are your life! Your military counsel works for the
same military that charged you. Consider that as you choose who represents
you in your potentially life altering case.

Alleged Rape and Sexual Assault of a Child Defense

Experienced Military Lawyer Defending Servicemen

Under a recent measure by the House of Representatives, servicemen convicted
of rape or sexual assault could face a mandatory maximum sentence of two
years, as well as dishonorable discharge or dismissal. The tougher crackdown
has made it even more imperative to engage the services of an experienced
military lawyer who can provide aggressive representation in courts-martial
and help ensure a favorable outcome.

Killeen-based Joseph Jordan is the right man for the job. He is a
military defense lawyer with a strong track-record of successful defense against sexual assault
allegations. As a former Army Judge Advocate, he is well-versed with pertinent
laws and procedures, and goes the extra mile to protect your rights.

A Closer Look at Article 120b – Rape and Sexual Assault of a Child

Under the UCMJ Text of Statute, an individual is said to have committed the
rape of a child if he/she has:

engaged in a sexual act with a child who is less than 12 years of age, or

engaged in a sexual act with a child who is aged 12 years by (a) the use
of force (b) the use of threat or fear (c) making the child lose its consciousness
(d) giving the child a drug, intoxicant or other substance

An individual stands accused of:

(b) Sexual assault of a child if he/she has committed a sexual act upon a child who has completed 12 years.

(c) Sexual abuse of a child if he/she has committed a lewd act upon the child.

For prosecution under this section, when the child is under 12 years of
age, the accused individual cannot cite as defense a reasonable belief
that the child was at least 12 years of age. In cases where the child
is under the age of 16 years, the accused must prove that he/she had strong
evidence to reasonably believe that the child was at least 16 years old.

When proving that the individual made a threat, it is not necessary to
prove that he/she had the intention of, or, was capable of carrying it
out. The question of consent doesn't come into the picture in this section.

When it appears as if the odds are stacked against the accused, the counsel
of a dynamic military lawyer can be instrumental in deciding the fate
of the court-martial.

Potential Sentence for Rape and Sexual Assault of a Child

Servicemen convicted of rape or sexual assault of a child face punitive
discharge, confinement and forfeitures. Here is a look:

Rape of a child: The convicted individual can be awarded a death sentence,
be discharged due to bad conduct or awarded a dishonorable discharge.
Life imprisonment is another form of punishment, as is forfeiture of total
pay and allowance.

Aggravated sexual assault of a child: The convicted individual can face
bad conduct or dishonorable discharge, be awarded prison time of 20 years,
and be forced to forfeit total pay and allowance.

Aggravated sexual abuse of a child: Dishonorable or bad conduct discharge
are the punitive discharges under this offense. The convicted individual
can face jail time of 20 years, and forfeiture of total pay and allowance.

Note: Previous to June 28, 2012, the following punishments were awarded
under this section

Aggravated sexual contact with a child: This offense is punishable by dishonorable
discharge or bad conduct discharge, confinement of up to 20 years, and
full forfeiture of pay and benefits.

Abusive sexual contact with a child: This offense is punishable by dishonorable
discharge or bad conduct discharge, confinement of up to 15 years, and
full forfeiture of pay and benefits.

Indecent liberty with a child: This offense is punishable by dishonorable
discharge or bad conduct discharge, confinement of up to 15 years, and
full forfeiture of pay and benefits.

An experienced military lawyer can present a compelling case against tough
odds and tackle accusations head-on with fearless determination. Leverage
Joseph Jordan's specialized knowledge and boots-on-the-ground experience
to get results on par with reasonable expectations.

The information on this website is for general information purposes only.
Nothing on this site should be taken as legal advice for any individual
case or situation. This information is not intended to create, and receipt
or viewing does not constitute, an attorney-client relationship.